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HomeMy WebLinkAbout20210334 Ver 1_CAMA Application_20210127DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Pisces Venture, LLC c/o Jason Wheatley PROJECT NAME: Holden Beach Marina 2. LOCATION OF PROJECT SITE: The project site is located at 3238 Pompano St. SW on the mainland side of the A1WW across from Holden Beach in Supply, Brunswick County. Coordinates: Latitude N 33°55'03.15" Longitude W 78°16'01.78" 3. INVESTIGATION TYPE: CAMA/D&F 4_ INVESTIGATIVE PROCEDURE: Dates of Site Visit—1-20-2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received: 1-07-2021 Application Complete: 1-14-2021 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP - Commercial Low Density (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Full -service commercial marina Planned - Maintenance dredging, replace floating docks, replace bulkhead and drop zone concrete pad (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLED OTHER F(A) Uplands N/A N/A 1,472 sq. fl. (Replacement) (B) Vegetated Wetlands N/A N/A N/A (C) Open Water 1,795 cu. yd. 4212 s ft_ (48,465 sq. ft_) 113 sq. ft. (Incorporated) (D) Total Area Disturbed:—54,262 sq. ft. (1.24 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No PROTECT SUMMARY: The applicant proposes to replace the concrete forklift pad and adjacent bulkhead at Drop Zone #1, perform maintenance dredging, and replace the floating docks Iocated cast of Drop Zone #1 for a total for 24 formal boatslips. Pisces Venture, LLC January 22, 2021 Page 2 9_ PROJECT DESCRIPTION The project site is located at 3238 Pompano St. SW on the mainland side of the AIWW across from Holden Beach in Supply, Brunswick County, The property can be reached by traveling NC HWY 17 south towards Hoiden Beach. At the Supply intersection, turn left onto NC 211 S. Travel .3 miles down NC 211 S and turn right onto Stone Chimney Road SW. Drive down Stone Chimney Road for 5.5 miles and turn right onto Sabbath Home Rd SW_ Continue to the 40-way intersection and turn left onto NC 130 Holden Beach Rd. Just before reaching the Holden Beach Bridge, turn right onto Pompano St. SW and continue until the road dead ends at the Holden Beach Marina. The existing Holden Beach Marina is a non -conforming, full service facility that includes 300 dry slips, 25 wet slips (not all are operational), a fuel dock, 2 drop zones, a service department, and a restaurant. State Permit #38-83 was issued on 3-22-83 for the construction of a 450' bulkhead along the south side of the property, a dry stack storage facility, a 100' x 200' storage/maintenance building, and a 600' x 60' dredge footprint (to -6' NLW). State Permit #85-09 (as written) proposing a 6-story condominium, pool, gazebo, parking lot and docking facilities was denied on 6-6-85, citing concerns of accelerated degradation of SA waters. A Minor Modification and a renewal to State Permit #38-83 were permitted on 10-17-86, authorizing maintenance excavation of the marina down to -6' below NLW, replacement of the existing south facing bulkhead, and adding a second boat life basin. A new permit was issued to Mercer's 3 Enterprises, LLC in 2001 (State Permit # 122-01) authorizing maintenance dredging within the existing footprint. It should be noted that the original dredging footprint, Slip #25, and the fuel dock appear to extend outside of the property's riparian corridor (See Sheets #2 & 3). The project site is approximately 7.92. acres and the high ground consists of concrete slabs, packed gravel, domestic grasses, and ornamental landscaping. The nigh ground is elevated approximately 4' above the normal high water (NHW) level, and the shoreline (+/- 1,325 linear feet) is stabilized by bulkhead on the north, south, and east sides of the property. To the east of the project site is a vast expanse of undisturbed Smooth Cordgrass (Spartina alterniflora) that extends east approximately 2,000' along the AIWW. No Coastal Wetlands are located along the south -facing bulkhead. To the west of the project site is the Holden Beach Bridge. North of the project site sits additional undeveloped commercial properties. The waters of the AIWW are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the January 2021 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding waters. Water depths within the proposed dredge footprint range from approximately -0.5' to -9' relative to NLW (Sheet #4). The width of the AIWW measures approximately 336' feet at the proposed project site_ PROPOSED PROJECT The applicant proposes to replace the concrete forklift pad and adjacent bulkhead at Drop Zone #1, perform maintenance dredging, and replace the floating docks located east of Drop Zone # I for a total for 24 formal boatslips. The applicant proposes to rebuild the floating dock structure located east of Drop Zone #1. The structure originally consisted of 13 open slips and 4 boatlifts (Sheet 02). Storm damage from recent hurricanes has made many of the floating docks and boatlifts unusable. Starting from the bulkhead on the east side of Drop Zone # 1, Pisces Venture, LLC January 22, 2021 Page 3 a 10' x 48' access pier would extend south leading to a gangway off the east side of the pier. The gangway would lead to a 10' x 252' floating dock which would run parallel with the A1WW. Seven 4' x 30' finger piers and one 6' x 30' finger pier would run perpendicular to the A1WW and contain 14 formal boatslips (Slips #9- 22, Sheet #6). At the waterward end of the 6' x 30' finger pier, a 6' x 32' finger pier would run parallel to the AIWW with room for 2 formaI boatslips (Slips 423-24)_ The existing concrete tie pilings associated with the eastern docking facility would be removed and 7 new tie pilings would be driven between all of the perpendicular finger piers except at Slip #10. The existing 2 boatlifts at Slips #21 & #22 would also be removed and not replaced. According to the application, the proposed floating dock system would be shortened to not only remain landward of the 80' Federal Channel Setback but also to remain within the applicant's riparian corridor on the east side of the property (Sheet # 6). The existing non -conforming docking facility to the west of Drop Zone 42, which includes the fuel dock, will remain in place, exceeding both the riparian line and the 80' Federal Channel Setback_ As proposed, the total number of wet slips for the marina would be reduced from 25 to 24. According to the application, the existing 32' x 46' concrete slab located at Drop Zone #1 would also be replaced in the same footprint. The existing slab would be broken up and hauled off via dump truck. The existing concrete bulkhead at Drop Zone #I is also deteriorating and in need of replacement. As proposed, a 2' x 45' section of concrete bulkhead would be installed approximately 2.5' waterward of the existing wall (Sheet #7). No wetlands are located within Drop Zone #I_ The applicant would also like to conduct maintenance dredging within the original and previously authorized footprint (Sheet #3, See State Permit #38-83 & #122-01) down to a final depth of-6' (NLW). The proposed maintenance dredging would be scaled back within the eastern side of the footprint to reduce the amount of material removed from outside of the applicant's riparian corridor (Sheet #5). The bucket -to -barge operation would remove approximately 1,795 cu. yd. of material from Drop Zone #1 & #2 as well as from within the previously authorized footprint east of Drop Zone #1 . All proposed dredging would remain a minimum of 10' from Coastal Wetlands and connect to deeper waters. Although there are currently sufficient water depths to the west of Drop Zone #2, the applicant has requested that the entire previously authorized footprint be covered under this permit for future maintenance events (Sheet 94 & 5). All spoil material would be transported via dump track to an approved lot located adjacent to 1256 Cedar Landing Rd. SW and 3461 Holden Beach Rd. SW. Spoil material would be contained by silt fencing and located outside of the AEC. A letter of permission from the landowner was included in the application. According to the application, existing water depths range from -0.5' NLW in Drop Zone #1 to -9' NLW near the Fuel Dock (Sheet #4). As proposed, no portion of the eastern floating dock would extend waterward of the 80' Federal Channel Setback or the'/a width of the waterbody. The proposed floating docks (Slips # 9-24) would not encroach info the eastern riparian setback however the proposed dredge footpr;nt would a.£tajd into the existing channel in front of the adjacent property to the east (Sheet # 6). The existing floating dock west of Drop Zone #2 would remain in place, both exceeding the 80' Federal Channel Setback and the applicant's western riparian line. No setback waivers were obtained for the proposed project. Since the marina is not proposing to add pump out services, the applicant has proposed signage prohibiting the discharge of sewage and indicating the nearest location of pump -out services to be prominently displayed to incoming vessels. 10_ ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 4,212 sq. ft. of Estuarine Waters and Public Pisces Venture, LLC January 22, 2021 Page 4 Trust Area. The applicant proposes to reduce to footprint of the eastern docking facility by shortening the finger piers on the eastern side, which would now be within the applicant's riparian corridor and landward of the 80' Federal Channel Setback. The removal of freestanding tie pilings waterward of the 80' Federal Channel Setback and outside of the applicant's riparian corridor would reduce navigational hazards and increase access to the marina and public trust waters. Minor increases in turbidity should be expected during new piling installation. The applicant also proposes to conduct maintenance excavation down to a final depth of -6' NLW within the previously permitted dredging footprint (State Permit # 38-83 & # 122-01). Along with removing all portions of the eastern docking facility that exceeded the riparian corridor, the applicant has also proposed to reduce the overall dredge footprint on the east side of the property. Shrinking the dredge footprint would leave approximately 2,640 sq. ft. of previously dredged shallow bottom habitat undisturbed. As proposed, the bucket - to -barge operation would remove a total of 1,795 cu. yd. of spoil material, disturbing approximately 48,465 sq. ft. of shallow bottom habitat. According to the applicant, no Coastal Wetlands would be excavated or filled during the operation. Dredge spoils would be hauled via dump truck to an approved 2.43-acre spoil site. Silt fencing would be used to contain sediment during the dewatering process. Minor increases in turbidity should be expected within the general area of dredging activity. The proposed bulkhead repairs at Drop Zone 41 would require the 45' Iong bulkhead to be stepped out approximately 2.5' waterward, resulting in the filling of 113 sq. ft. of shallow bottom habitat within the Public Trust Area. No Coastal Wetlands are located within Drop Zone #1. Submitted by: Brendan Brock Date: January 22, 2021 Office: Wilmington Debbie Wilson Consulting debbiew75(a7charter. net (910) 612-0402 January 3, 2021 Narrative As acting agent for Jason Wheatley who owns Holden Beach Marina, located at 3238 Pompano Street SW, Supply in Brunswick County, NC, I am submitting the enclosed CAMA Major Permit Application to replace the floating docks located to the east of the forklift drop zone, replace the concrete forklift pad and adjacent bulkhead and perform maintenance excavation. The existing marina is a non -conforming facility which appears to have been built in the early 1980's however, no permitting history has been located for the original marina. CAMA Permits (438-83 and #M--0I copies are included in this submittal) were located which authorized maintenance excavation to a final depth of -6' @ NLW. It should also be noted that no work is being proposed to the structures located within the drop zones or to the west of the drop zones. As proposed, the access platform located to the east of the drop zone will be replaced to its existing dimensions of 10' x 48'. This platform provides access to the main floating dock (10' x 237') which suffered major damage from recent storms will be replaced in the same location and back to its original dimension of 10' x 252'. The 7 existing 4' x 34' floating forger docks will also be replaced, however, they will be shortened to 30' in length in order to meet the Federal Channel Setback and 7 tie pilings will be located in the center of the double slips. At the west end of the 10' x 252' floating dock will be a 6' x 30' floating finger dock extending waterward and at the terminal end will be a 6' x 32' floating finger dock extending westward. The two original floating docks that in this location were destroyed by the recent storms. It should be noted that the original floating docks encroached into the Federal Channel Setback and the new docks will be shortened and moved slightly landward in order to meet the setback as well as the adjacent riparian corridor setback. The two existing boatlifts will be removed and not replaced. The existing 32' x 46' concrete will also be replaced within its existing footprint as well as the adjacent bulkhead located waterward of the concrete pad. This 2' x 45' section of concrete bulkhead will be installed approx. 2.5' waterward of the existing wall. Mr. Wheatley would also like to conduct maintenance excavation within the original and previously authorized footprint. The current need for excavation via bucket to barge is for both of the drop zones and within the previously authorized footprint to the east of the drop zones to a final depth of -6' @ NLW_ We are requesting that the entire previously authorized footprint be covered under this permit for future maintenance events as needed. It is understood that all future events must be authorized prior to commencement, All spoil material will be transported to a vacant lot located adjacent to 1256 Cedar Landing Rd. SW and 3461 Holden Beach Rd. SW, all owned by Al Fulford and will be contained by a silt fence. A letter of authorization from Mr. Fulford is included in this submittal. The DWR pre -filing meeting request has been submitted and a copy of the return email resulting from that submittal is included in this LAMA Major Permit application. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please feel free to contact me if you have any questions. RECEIVED JAN 0 7 DCM tr�lll_Ngin � ; •:;6'v �4C Ben HP-1 APPLICATION for:. Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT ivitlimlyMUuiabs NV box City State 3238 Pompano Street SW Supply N.C. ZIP Country Phone No. FAX No. 28462 USA 910 - 842 - 5447 ext- Street Address (if different from above) City State ZIP Emai3 hbmarinal @icloud.com AgentlContractor lnforrrrfian. Business Name A enti ontractor 1: First Name Mi Last Name Debbie D, Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 16275 Wilmington N.C. ZIP Phone No. 1 Phone No. 2 28408 910 - 612 -0402 ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email debbiew75@charter.net RECEIVED Form continues on back> JAN 07 2021 z52-8e8-2aea °i-888-4RcoAST — www.necoastaimanaeef)P-RfVWFLIMING ON, NG Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 3238 Pompano Street SW Adjacent to NC 130 Subdivision Name city State Zip Supply 7N.C. 28462- Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 842 - 5447 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work fails within. Brunswick County 4. She 13es�Hdn a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,325 ft. 122,403.6 Uplands + 222,591.6 of Marsh c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 7.92 Acres Total i NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4 ft ®NHW or ❑NWL e. Vegetation on tract Lawn Grasses, ornamental shrubs, wax myrtle, Coastal Wetlands. f. Man-made features and uses now on tract Marina building, drystack racks, concrete forklift pad, concrete sidewalks, parking, bulkhead, floating docks and 2 boatlifts. g. Wentify and describe the existing land uses adjacent to the proposed project site. Commercial (MR32 & CDL) and State Highway (NC 130). h. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Commercial CDL ®Yes ❑No ❑NA }. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? if yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next pages RECEIVED JAN 252-808-2808 . 1-888d4RCOAST :: www.ncc;aasta1management.net DCM WILMINGTON, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? RYes ❑No (ii) Are there coastal wetlands on the site? %Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, ifavaitabie) See site plan n. Describe existing wastewater treatment facilities. Septic System o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and livacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑ PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial marina. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction with a barge mounted pile driver, excavation by bucket to bardge. d. List all development activities you propose. Replace existing deteriorating floating docks, replace forklift drop zone bulkhead and concrete pad and maintence excavation. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ❑Yes RNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No RNA j, is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVE[) <Form continues on backs JAN 0 7 20,21 252-808-2808 .. 1-888-4RCOAST Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallaformafon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted is order for the a)oplrcafron' package to be complete.: Items (a).— (0 are always applicable to any major developmept application. Please consult the:applicafioft instruction booklet oP how to projlerfy prepare the.regtrlrea'.k ns below.. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Cornerstone InVerstpnents, Inc::: Phone No. Address 114 Ocean Blvd. W., Holden Beach, NO 184621 Name John M. & David L. Holden Phone No, Address 111 Dunescape Dr., Holden Beach, NC 28462 Name NC OO'T.Fa6lities Management Phase No. Address 1535 Mail. Service Center, Rateigh N 6Z. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. #38-83 issued to Holden Beach Marina, Inc. on 3122/83 and renewed on 10/17/86, #121-01 issued to Mercers Enterprise, LLC on 1019101 and Transferred to Pisces Venture, LLC on 4127104. h. Signed consultant or agent authorization form, if applicable. L Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Gert►fica an and Permfss onlo Enter: on Land: I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that i am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 12/6/20 Print Name Debbie Wilson, Agent Signature Z.� Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information pDCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVE[[) ®DCM MP-4 Structures Information JAN 07 ZJ2.1 DC" WlLP4IN'GTON, NC 252-808-2808 1-8$8-4RCC AST rt wa+ w.nccvastatrnanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL) stabilization Length 505' Width Varies 52` to 68' Avg. Existing :: Depth -2' @ NLW NA ' NA` Final Project Depth -6' @ NLW NA iVA _ EXCAVATION ❑This so ctiarr not applicable a. Amount of materai to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. 1,795 cu. vd. c. (i) Does the area to be excavated include coastal wetiandslmarsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cW ❑sAv ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: Sand High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAV,,4TEf7 NIATERI4L On. section rust applicable, a. Location of disposal area. b. Dimensions of disposal area. 1256 Cedar Landing Rd. SW, Supply c. (i) Do you claim title to disposal area? []Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (d) Describe the purpose of disposal in these areas: Approx. 2.43 acres d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVE® JAI 0 7 2021 DCM WILMINGTON, NC 252-806-2808 ;. 1t8884RCOAST :: not revised— 12I2 ?OG Form DOMP-2 (EXCOVation and Fiii, Pale: 2 of ) . SHORELINE 5TA81LiZATIQI�f (}f development is a wood groin, use MP 4— StrtJcturesJ ❑This section not applicable a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: Width: 2' c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: 2.5' 2.5' e. Type of stabilization material: Concrete Bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 22.5 sq. ft. Riprap Breakwater/Sill Other L Source of fill material. Upland source 4., OTHER FILL ACTIVITIES (Excluding Shoreline. Stabi6iat on) a. (i) Will fill material be brought to the site? ❑Yes ❑No FIN If yes, (h) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of frli 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fence C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. f, (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA 00 If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean sand I�TW section nflf 00iieal b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None 00 Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? -Bucket to barge. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA 00 If yes, explain steps that will be taken to avoid or minimize environmental impacts. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT' a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 c. Density (give the number of residential units and the units per acre). NIA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 34 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ERNo ❑NA (iii) If yes, list the date submitted: 1 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 32' x 46' concrete forklift drop zone pad to be replaced No expansion is being proposed. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete g. Give the percentage of the tract within the coastal shoreline AEC to h. be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, orto be used for vehicular driveways or parking. Existing concrete forklift drop zone pad to be replaced Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. NIA j. Describe proposed method of sewage disposal. NIA I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). NIA Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: 12/9/20 k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ❑No ®NA If yes, attach appropriate documentation. RECEIVED JAN07Zal 252-808-28082 :: 1-888-4111COA5T ;:ytiever,rt�caa5taim�n�s�e�eent.a�et revised: 12C2611136 FOrM OCIM MP-3 (Upland Development, Page 2 of M. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ®No ❑NA community, public system, etc.) (ii) If yes, how many acres? N/A o. When was the lot(s) platted and recorded? NIA P. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RECEfvC-O JANo7� � ©CtA I!V/at M1 are, _-; °-C 252-808-2808 - 1-8894RCOAST r�r s�€!: 12d26sfD6 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 3. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ®Commercial ❑Public/Government ❑PrivatelCommunity a (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 252' (iv) Width 10, (v) Floating ®Yes ❑No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 48' (iv) Width 10, (v) Floating QYes IgNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 16 are to be replaced (ii) Number of slips existing 25 Originally i. Check the proposed type of sting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑tither; please describe: k. Typical boat length: 16- 50' M. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 7 El This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No d. (i) Are Finger Piers included? ®Yes [--]No If yes: (ii) Number 7 1 1 (iii) Length 30, 30' 32' (iv) Width 4' 6' 6' (v) Floating ®Yes ❑No f. (i) Are Boatlifts included? []Yes ®No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. Existing full service 2, Full service, including travel lift and/or rail, repair or Marina maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: }. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (i) Will the facility be open to the general public? ®Yes ❑No RECEWED JAN q 7 2071 DCM 11 ILMING Q` J� , dqC 252-808-2808 :. 1-88"RC0AST : www.nccoastalnaana ement -q9 revised: 12127106 Form ®CM MP-4 (Structures, Page 2 of 4) This is an existing operating Marina, no new facilities are proposed. 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location, b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Purnpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED JAN Q 7 2021 252-808-2808 :: 1-$88-4Rcaasr :: www.neconstaIr... revised: 121127:06 Form, CM P-4 (Structures, Page 3 of 4) M. Is the marinaldocking facility proposed within a primary or secondary nursery area? []Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking €acuity proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wet€ands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shel€fish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (€) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN {e.g., wood, sheetpile' eta If a; rock groin, Use MP--2j adlvatibn and Fi11. Y.. grhis.sactl6h not applicable a. (i) Number (ii) Length (iii) Width 5 BREAKWATER woDd shee#pite, etc.} This section riot applcahle'.: a- Length b. Average distance from NHW, NWL, or wetlands C. Maximum distance beyond NHW, NWL or wet€ands S. MOORING PILINGS and BUOY5 �iThis section itat applicable. a. Is the structure(s): b. Number ❑Commercial ❑PubliclGovemment ❑PrivatelCommunity c- Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing RECEIVED JAN 07 2U1 DDPJ VV!L1-1,INGr0;, , 'NC 252-808-2808 :. 1-88 $-4RCOAST .. €zt.nt r �rz : 12127;06 Form DCM, MP-4 (Structures, Page 4 of 4) T. GENERAL x t- a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15' to the East & existing encroachment to the West Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 336' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 1 100' to the East & 108' to the West d. Water depth at waterward end of structure at NLW or NWL Varies from -4' to -8' @ NLW $. OTHERp7his'sectiorr riot apoli a. Give complete description: This is an existing non -conforming full service operating Marina no new facilities are proposed only the replacement of existing structures. The original non -conforming structures located at the far east end will be reduced in order to eliminate the encroachement into the adjacent Riparian Corridor. RECEIVED JAN 07 20?1 Cal i�d�! ��i�i%e�:�C�•`: y•�C 252-808-2808 a: I-88&4RCOAST teauuyr.r���rsa�tai ��as€�€���#,�x�t revised�T 12127/06 Contact Name * Debbie Wilson Contact Email Address debbiew75@charter.net Project Owner* Jason Wheatley Project Name * Holden Beach Marina Project County` Brunswick Owner Address:* Street Address 3238 Pompano Street SW Address Line 2 City State 1 Province I Region Supply NC Rtstal I Zip Code Country 28462 United States Is this a transportation project?* t" Yes t= No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification r Shoreline Stabilization Does this project have an existing project ID#?* r Yes is No Do you know the name of the staff member you would like to request a meeting with? Robb Mairs Please give a brief project description below.* Replacing existing floating docks, concrete forklift pad and adjacent bulkhead and perform maintenance excavation. Please give a couple of dates you are available for a meeting. 1211612020 12118/2020 12/21/2020 12/22/2020 12128/2020 RECEIVED JAN U 7 ZOZ1 DCM WILMINGTON, NC Please attach the documentation you would like to have the meeting about. MP-1.pdf 1.31 MB MP-2.pdf 555.55KB MP-3,pdf 410.46KB MP-4.pdf 798.01 KB Proposed Structures & Dredge Footprint.pdf 953.55KB E)dsting Water Depths.pdf 995,181<6 Existing Structures & Slip Nurnbers.pdf 992.84KB X Sections.pdf 669.18KB Usting Structures & Previously Auth_ Dredge Footprint.pdf 1.06M6 pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. i I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 12/14/2020 RECEIVED JAN 07 20?1 DCM WILMINCTON, NC ROY COOPER Governa- MICHAEL S. REGAN Secrerm y BRAXTON C. DAVIS Director SENT VIA EMAIL Debbie Wilson Consulting c/o Ms. Debbie Wilson PO Box 16275 Wilmington, NC 28412 SENT VIA EMAIL NORTH CAROLINA FnVir-ormMral Quality January 22, 202I RE: CAMA Major Development Permit Application — Pisces Venture, LLC (Holden Beach Marina) Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Pisces Venture, LLC, for State approval for the replacement of a docking facility, replacement of a bulkhead and concrete pad, and maintenance dredging, located at 3228 Pompano St. SW, Supply, Brunswick County, NC. It was received complete on January 14t', 2021, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 30", 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 14`1, 2021 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project_ Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development_ Enclosed you will find a "Notice of Permit Filing" postcard which trust be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road_ Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application_ An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency_ Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Brendan Brock Field Representative cc: Curt Weychert, MHC USACE ,I Connie Marlow, LPO WIRO DCM Robb Mairs, DWR Debbie Wilson, Agent NorthCaroGna Department ofEnvimnmental Quality I Division of Coastal Management WI&nington Office E 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910796.7215 s� NORTH CAROLINA 571-ironmentai owliit' January 27, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • Pisces Venture, LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Hello Angic: Please publish the attached Notice in the Saturday, January 30, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer. Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, T ya K. Pietila P g Support & Customer Assistance cc: VaRO File — Curt Weychert USACE State of North Carolina I Enviromnental Quality I Coastal Management 327 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the LAMA: On January 22, 202-1, Pisces Venture, LLCproposed to replace concrete forklift pad & adjacent bulkhead, perform maintenance dredging & replace floating docks for a total of twenty four (24) formal boatslips at Holden Beach Marina, 3238 Pompano St. SW, adj to the AIWW in Supply, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7270) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 20, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: e ,Z,3 0 i ,42.. C Phone Number: Email Address: �� ,,� / I certify that I have authorized Debbie Wilson, Agent to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at 11 in u^S'!-IjCA� County. i I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Pennit Officer and their agents to enter on the aforementioned fends its connection with evaluating information related to this permit application. Property Owner jmformation: SrgnatdFe Print or Type Name Title �Il i 0 Date RECEIVED This certification is valid through ! I % JAIL Q 7 2021 DCM WILMINGTON, NC ID (a a Ozo to C� (J y1 2 rn b m � a r ua) m C U v ar W w in m x m p _ ru to O �� I\ Q) v ` r- rat o us lV g o W N c) �r O umi 1+ r� G y CY)N 00 r1 V. O 1 Z O -O Q En _ U) °0 - M ti C] N to E M ^ L M O (V ' 0) T 'n o E .0 z P3 + �- co 0 U U rl 2CD + C2 U E r` 'E to N � ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse E3 Agent so that we can return the card to you. X M Addressee_ w Rtiaon tnls Cara iD the rack of the mailpiece, tt. Recelvea py (Pnnted NaMe) C. Date of Delivery or on the front if space permits. ,--, r— r+ r i % i t r-% n k / NC DOT Facilities Management c/o Sandra Nance 1535 Mail Service Center Raleigh, NC 27699-1.535 IIIlIlIIII�IIIIIIIIIIi IIIII�IIII IIIIIIIIIlIIII 9590 9402 4674 8323 6100 24 7018 3090 0001 8772 2889 PS Form 3811, July 2015 PSN 7530-02-000-90,93 [s€telH�r}+adEtl�d�€fe48Ttt�tPomitem'7? C7Ye: If YES, enter delivery address below: r7l No DEC 16 2929 3, e;rvic �. SEKVIUt r ❑ u ignature 1:1 Adult Signature Restricted Delivery p xpress® 0 Registered MaiP q Registered Mail Restricted ❑ Cerf tied Maile Delivery. ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Cofieot on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery Cl Signature ConfirmatiChT^+ ❑ tnsured Mail D Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt E O co a 1/25/2021 Mail - Brock, Brendan 0 - outlook [External] Holden Beach Marina debbiew75@charter.net <debbiew75@charter.net> Mon 1/25/2021 10:51 AM To: Brock, Brendan O <brendan.brock@ncdenr.gov> CAUTION: External email. Do not click [inks or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hey Brendan, As per our phone call this morning, I will see to it that Holden Beach Marina will post signage displaying the location of the closest pump -out facility. If required, I will advise the owner of the marina to purchase a portable system. Thank you. Debbie RVCENED JAN 2 2 NZA ®CM VVILMtiNGTON, NC httpsNoutlook.office365.comlmail/inbox/id/AAQkADVjMzg3NTMyLTEIMTMtNGM5Yy1hNzQ4LThipWM2NWZhNjcSYwAQAEk3%2FFHb2QJGuW1SDJ- 1/1 DEPARTMENT OF THE ARMY WILMINGTON I}ISTRI" CORPS OF ENGINEERS P.O. BOX IM WILMINGTON, NORTH CAROLINA28402•1890 March 13, 1985 Regulatory Branch Mr. Al Fulford Post Office Box 464 Shallotte, North Carolina 28459 Dear Mr. Fulford: RECEIVED DCM WILMINGTON, NC On March 5, 1986, you met with Mr. Ernest Jahnke of my staff J A N 14 2021 to discuss filling the pond behind Fulford's Air Conditioning adjacent N.C. 130 just north of the Holden Beach Bridge at the Atlantic Intracoastal Waterway near Holden Beach, Brunswick County, North Carolina. As you explained, the pond is actually an old borrow area for material used in constructing the causeway for the old Bolden Beach Bridge. Since it is manmade and surrounded entirely by high ground, no Department of the Army Section 404 permit is needed to fill it partially or completely. It would be advisable to block off the culvert on the south end completely or with a permeable filter screen before commencing construction to reduce or eliminate sediment discharge to the surrounding waters. Work may begin at your convenience. If you have any questions;,'please contact Mr. Jahnke at telephone (919) 343-4467. Sincerely, 1kharles.W. Hollis Chief, Regulatory Branch Copy Furnished: Mr. Rob Moul Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 FULFORD HEATING AND COOLING INC. 3461 Hoiden Beach Rd SW Supply, NC 28462 11 /20/2020 To Whom it May Concern: Be advised that the Hoiden Beach Marina, has my permission to dump approximately 2,000 cubic yards of sand/din spoil material dredged from their site, at my property located to the left rear of my business. If you need any further information, please feel free to contact me at (910) 842-6589 Thank you A] Fulford Owner/Operator F F �F--IvF- [)CM �,ILM1NGTON, NC jp4! 4vlA Permit Class NEW R tAA Permit Number 122-01 STATE OF NORTH CAROLINA . Department of Environment and Natural Resources k ;� and Coastal Resources Commission lOCT 15 2601 ' ermitDIVISION Cif for COASTAL M NAGEMEN 2L Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Mercer's 3 Enterprises, LLC, 3238 Pompano St., SW, Supplv, NC 28462 Authorizing development in Brunswick County at ad . AIWW, 3238 Pompano St., SW, Hoiden Beach Marina , as requested in the permittee's application dated 3! f 1 1 & revised 6126/01 MP? , including attached the work lan drawings (8). listed in Condition No. 1 This permit, issued on October 9. 2001 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth. below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) The work -plan drawings applicable to this permit are as follows: Sheets 1 & 4 of 5 dated revised S/Oi, 2 & 3 of 5 dated 12/00, 4A, 4B & 4C dated 6/26/01 & 5 of 5 elated revised 6/26/01. Excavation 2) In order to protect juvenile shrimp and finfi.,,h populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultationn with the Division of Marine Fisheries. 3) Excavation will not exceed -6 feet below the mean low water level. RECEIVED 4) In no case shall excavation exceed the depth of connecting waters. JAN 0 7 20211 (See attached sheets for Additional Conditions) DCM Wil,_MINGTON, xaxxn YciJIUL nvifuat 111ay oe appeatea ay me perrztttee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2004 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r. /—;�Z7 onna D. Moffitt, Director Division of Coastal Ma atr n cement This permit and its conditions are hereby accepted_ Signature of Permittee r Mercer's 3 Enterprises, LLC Permit #122-01 Page 2 of 4 ADDITIONAL CONDITIONS 5) No vegetated wetlands will be excavated or milled. C) No dredging shall be conducted within 10 feet of the edge of any marsh. 7) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 8) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 9) All excavated materials will be confined above mean high water and landward of regularly or irregularly x flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. r: 10) All excavated material shall be disposed of in the approved disposal site. 11) To prevent additional sedimentation related impacts, any trucks hauling the dredged spoil material will have a sealed tailgate to prevent the spoil material from running out of the truck. 12) No spoil material is to be placed within 30 feet of the normal high water line. RECEIVED Spoil Disposal for Hydraulic Dredging {if utilized JAN 0 7 2�� DCM WiUJ NIG , �3 E G 13) The spoil disposal area dikes will be placed a minimum of 30 feet landward of the normal hig Wh er line. 14) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation_ 15) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 15) The effluent water from the dredge spoil taken from waters closed to the harvesting of shellfish shall be returned to closed shellfish waters. 17) The permittee must schedule an on site meeting with a representative of the Division of Coastal Management to confirm the location of the effluent discharge pipe prior to the initiation of any hydraulic dredging activity. 18) A water control structure will. be installed at the intake end of the effluent pipe to assure compliance with water quality standards. Mercer's 3 Enterprises, LLC J ! 1 OCT 15 2001 Permit #122-01 DIVISION OF Page 3 of 4 COASTAL MANAGEMENT ADDITIONAL CONDITIONS 19) The diked disposal area will be constructed a sufficient distance from any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 20) The interior and exterior slopes of the disposal area dikes shall be at an angle no steeper than 11/2 horizontal to 1 vertical_ NOTE: The permittee is advised that the spoil disposal area for this project may produce a mosquito breeding problem. For more information, contact the Public Health Pest Management Section at (252) 726-8970 and/or Brunswick County Mosquito Control at (910) 253-2515. Water ualit� 21) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 011283), which was issued on 101510L Any violation of the Water Quality Certification issued by the DWQ will be considered a violation of this CAMA permit. 22) Turbidity controls must be maintained throughout the period of excavation so that turbidity does not exceed 25 NTU's outside the project area (i.e. turbidity curtains). Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 23) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 24) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e-q. silt fence, diversion swales or berms, sand fence, etc_). 25) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion Within thirty days of project completion. RECEIVED General JAN 07 2021 26) This permit does not authorize the reconfiguration of slips or docks, pCDA ;L i49;`SCTCC 27) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. Mercer's 3 Enterprises, LLC ADDITIONAL CONDITIONS Permit #122-01 Page 4 of 4 28) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 29) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Array or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States. or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 30) The permittee shall comply with the attached list of U.S. Coast Guard Regulations. NOTE: The permittee is advised that this permit does not authorize any development on the Robinson property. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. NOTE: The permmittee andlor his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project CGE Action Id. No. 200101160_ RECEIVED JAN 07 Z021 DCM WILMINGTON, NC 1 Permit Class �� Permit Number I Renewal STATE OF NORTH CARO. '�.V�- 38-83 Minor Modification Department of Natural Rem tzd,Com: 1 �•=� CFIRM aa BS(3l3TCC5i.at� i Nov " X Majoq ! nG.in1 onmental Con =. �r- ., to , ; { Ecavatiir � ,17 s spartt to NCGS 113-229 �;!°111114 tea` lssuedto Holden Beach Marina, Inc., 128 Ocean Blvd., West, Holden Beach, NC 28462 authorizing development in Brunswick County at the AIWW adjacent to the Holden Beacn Bride 1/19/83 including --� as requested in the pemm�ttee s application dated --- ----- g_.. attached plats, 4, sheet 1_dated 1/18/83, sheets A, B and C dated rec. 1/24/83 and blue - lines C-1 dated 8/26/86 aDo C-5 dated 9/17/86 not attached. This permit, issued on _1f /_ , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September .30 of any year without the prior approval of the Division of Coastal Management. (2) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. (3) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surroun- ding waters. (4) The disposal area effluent will be contained by pipe, trough or similar device to a point at or below the mean low water level to ;ii',•',:g]]y erosion and unnecessary siltation. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. "Ibis permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval_ All work must cease when the permit expires on December 31. 1987 JAN 07 ?111 Signed by the authority of a Secretary of DNRCD and the Chairman of the Coastal Resources Commission_ ZAK-ti David W. Owons, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Per mittee Hoiden Beach Marina, Inc, Permit #38-83 Page 2 of 3 ADDITIONAL. CONDITIONS (5) The terminal end of the pipeline will be positioned at or greater than fifty (50) feet from any part of the dike and a maximum distance from spillway! to allow settlement of suspended solids. (6) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. (7) The diked disposal area will be constructed a sufficient distance from the mean high water level or .any marsh to eliminate the possibility of dike erosion into or upon any marsh and/or surrounding waters. (8) The dike and backfill material will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. (9) The bulkhead will be constructed along the existing alignment and in no instance, extend waterward more than two (2) feet from the mean high water level at any point along its alignment at the time of construction. (10) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. (11) All fill material to be placed below mean high water level will be confined behind the permitted bulkhead. (12) No marsh grass will be excavated and/or filled. (13) In order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. (14) All runoff will be contained on site by grading all cement travel lanes toward the adjacent marl parking areas and by maintaining a minimum of 10 feet of natural vegetated buffer between the bulkhead and all impervious surfaces. (15) A clean out trap with metal grate will be installed along the edge of the travel lift landing area. Its dimensions will be no less than one foot wide by 40 feet long and one foot deep with a replaceable sand filter_ (16) A sign will be prominently displayed on the end of one pier showing the location of the pumpout facility. (17) The marina shall prominently post and enforce a no sewage discharge policy. (18) All floating structures, other than boats, used for habitation or commerce (as defined in 15 NCAC 7M.0602) shall be in conformance with local regulations for onshore sewage treatment. (19) The lattice breakwater will be designed to allow water in order to maintain present water quality. *R7rculation of VE JAN 07 `lVr1 Holden Beach Marina, Inc. ADDITIONAL CONDITIONS Permit #38-83 Page 3 of 3 NOTE: Marinas which require dredging will provide acceptable areas to accommodate disposal needs for future maintenance dredging. Therefore, three quarters of an acre of the new diked disposal area will be allocated for future disposal needs. This area may be utilized for parking or other temporary uses during the interim. NOTE: The project site is located in an area having a high probability of containing cultural resources such as artifacts, human remains, etc. If such materials are encountered, the permittee must immediately stop work and notify the District Engineer, Wilmington Corps of Engineers, 343-4629 and the N. C. Division Of Coastal Management at 256-4161. NOTE: An Erosion and Sedimentation control plan will be required for this project. This plan must be filed at least thirty (30) days prior to beginning any land disturbing activity. Submit this plan to the Department of Natural Resources and Community Development, Land Quality Section, 7225 Wrightsville Avenue, Wilmington, NC 28403. NOTE: This project is certified under Section 401 General Water Quality Certifi- cation No. 1272 for bulkhead construction and 1273 for discharges of liquid effluent from diked upland disposal areas. NOTE. The permittee and/or his contractor is urged to meet with representatives of the Division of Coastal Management and/or the Army Corps of Engineers prior to project initiation. NOTE: The development will consist of structures and attendant utilities on lands subject to an easement in favor of the United States for the operation, maintenance, improvement and enlargement of the Atlantic Intracoastal Waterway. Accordingly, the permittee will be required to remove such structures and improvements at his own expense in the event that, in the judgement of the U. S. Army Corps of Engineers, these lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed in areas subject to the easement. RECEIVrD JAN @ 7 2021 DC M W1Lfv11NGT0.-.,, j4C f�: um lit NORTH CAROLINA Environmental Otralitr January 27, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(a)NCDEN R.gov SUBJECT: CA MA /Dredge & Fill Applicant: Pisces Ventures, LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 3238 Pompano St. SW, adjacent to the AIWW in Supply, Brunswick County Proposed Project: Proposal to replace the concrete forklift pad and adjacent bulkhead at Drop Zone #1, perform maintenance dredging, and replace the floating docks located east of Drop Zone #1 for a total of twenty-four (24) formalized boatslips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by February 20, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 coM $3,3 600.0024 Robelt td'.lc 8 1r on�isteL of Deeds i1676z7 MSoak 17s 06A A14 Real Estate /2Q03 12:45:43p, ReC# �/. 563 ExOse ; ax (per NORTH CAROLINA GENERAL, WARRANTY DEED Excise Tax: S 3,600.00 Parcel Identifier No. 232&CUU4 & 232KB01 Verified by County on the _ day of 120 By. Mar1/Box to: MARK A. LEWIS, RAMOS AND LEWIS, LLP, 5101 Sellers St., P. O. Box 2019, otte NC 28459 This instrument was prepared by: MARK A. LEWIS, RAMOS AND LEWIS, LLP, 5101 Sellers St, P. O. Box 2019, Shallotte, NC Brief description for the Index: TMS DEED made this l8th day of July 20 03 by and between GRANTOR MERCERS 3 ENTERPRISES, LLC 3238 Pompano St., SW Supply, NC 28462 GRANTEE PISCES VENTURE, LLC 3238 Pompano Street, SW Supply, NC 28462 The designation Grantor and Grantee as used herein shall nxbx a said parties, their heirs, successors, and assigns, and shall include singular, Plural, mescaline, €ernmine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby aclmowledged, has and by these presents does grant, bargains, sc11 and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Supply Lockwood Folly Township, Brunswick County, North Carolina and more particularly descrilmd as follows: See Attached Exhibit "A,' incorporated by reference herein Tlie property heremabovc described was acquired by Grantor by instrument recorded in Book 1298 page 341 A map showing the above described property is rewrded in Plat Book page NC Bar Association Form No, W ® 1976, Revised ® 1977, 2002 Printed by Agreement with the NC Bar Associafkm-1981 SoftPro Curpowdon, 333 E. Six Forks Rd., Raldgb, NC 27649 .E S �iiif}��L _ PSUF T V TaTAL .j2'I' REV TC=-r2—U REC# CK AM LD Ntq534 ,,ASH REEF BY RECEIVED JAN © 7 2021 iI 167617 Book 1T87pagg; 569 The property hereinabove described was acquired by Grantor by instrument recorded to MoQ U29..KP.4gQ3A1---.....-... A map Showing the above described property is recorded in Plat Book .................................... page—...................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exeeptions hereinafter stated. Title to the property bereinabove described is subject to the following exceptions: IN WITNESS WoraaOr, the Grantor lees hereunto set hishand and seal, or H corporate. has eatMad this tnstfnment to he signed In its corporate same by its daty authorized officers and tit seat to be hereanto affixed by authority of Its Heard of Direetorg, the day and year first a►ero Written. y, MERCERS 3 ENTERPRISES, LLC - (Cersmte Nara) � O By' ---------------------------------------------------------- { ,� x_ _ -" -- - Member and rasA1) yztkaaan W MeF ex■ _-_--__--------------tfresidmt FATTEST:_----------- -----------------. Iris Xember and ------------------------------------------- - r ----------------------------Secretary (Comerate sent) m_ -------------------------(SEAL) By:L. Mer er, Member and S[AL-aiwinP X*WrH CAROUNA. . Manager H L a NotW Pnbtio Of the Coanty and state aforesaid. certify that ------- _. __ y_______________________________________________________________________ _.._____-_____________- _ praetor, " persoaanr appeared barare bee this day and acknowledged the execution of the foMoLa insul meat. witness my � hand and afftelat ataap or Seat. Lib day of ----------------------------------------- .-. z `3 af7 coseaeiesiaa oxptra:---------------------------------------------------------------------- Notery Psbne 0 J's ~ ,- NORTH CA=O1"Add1)�w�MICK___ ___-- ________CozuLy. y z L a Notary rattle of the Ce,aaty and slate *foresail, certtry that Carson W. Mercer, John m a C, Mercer and Johnny L_ Mercer personally appeared before =22�- ' me this day and acknowledged that they are managers of 0 2 U b v a -v Mercers 3 Enterprises, LLC, a NC limited liability company, and further acknowledged the due execution of the foregoing z instrument on behalf of said limited liability company. witness my hand and onsom scamp er seat, thta __j,$_d:, or __- iu-1y,-2DD.3.------ -----------. EVE® STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK VICKI L ARTZ The Foregoing (or annexed) Certificate(s) of JAN 0 7 2021 Notary(ies) Public is (are) Certified to be Correct. 18 th July Z U V J This instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. RO E l RO ON. Register of Dee :� '�4I GT0 o.=� ATTACHMENT Exhibit "A' Dist # 167617 Hook 1787Page; 565 TRACT ONE: BEING all of that certain tract or parcel of real property, containing 7.92 acres, more or less, as shown and described on that certain survey plat thereof recorded in Map Cabinet X, W Page 16 in the office of the Brunswick County, North Carolina Registry. TRACT TWO: BEING all of Lot 7, Section 3 of the Newman Fulford Subdivision, as shown and described on that certain survey plat thereof recorded in Map Cabinet 7, at Page 152 in the office of the Brunswick County, North Carolina Registry. TRACT THREE_ BEING all right, title and interest of the Grantor in and to that certain right-of-way easement conveyed by Retha Fulford, widow, dated 9122/84 and recorded in Deed Book 582, at Page 801 in the office of the Brunswick County, North Carolina Registry. TRACT FOUR: BEING all right, title and interest of the Grantor in and to that certain right-of-way encroachment agreement granted by the North Carolina Department of Transportation, dated 11/14186 and recorded in Deed Book 671, at Page 570 in the office of the Brunswick County, North Carolina Registry_ W-240 3238 Pompano Street, SW, Suppt}, NC 28462 RECEIVE-D JAN 0 7 2021 4;w - a w i R r a x - � � _ a n � 4 cu r arr�, s k • �`iit � w s " w y 4 r. gn rr � I, s• ¢' - %,, f., �� '� � ram, t I I ;, I ' $42 �.., ice• � - � � � Ki..b°'i ,'-t, �F • a6pP8 ya898 UGPIOH r� 6 x — (D q lop€ajoo ueued€l LL Q J � ,abx,ow (i� � (D co () (n -- v c d- ---- m Lb to x z Co 7� I I o mom° Imo.'. 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Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250) 0% ($0) open water areas- II_ Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: Ill(A)_ Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No 4175 can be applied c or commercial development, l Water Quality Certification $40Q 100% ($400) 0% ($0) 4175 can be applied: FDCM if General Water Quatity r n No 4175 could be applied, aff determined that additiowritten DWQ concurren e is $40 60% ($240) 40% ($160) needed because of concerns relate water quality or aquatic life: ( [ III(D). If General Water Quality Certification No. 4175 cannot be applied "�400 60% ($240) 40% ($160) IV_ Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas'